# Summary judgment under CPR Part 24

> **Key takeaway:** CPR 24: no real prospect of success + no compelling reason for trial. Realistic not fanciful (Swain). No mini-trial. Evidence by statement. Distinct from CPR 3.4 strike-out.

- **Jurisdiction:** England & Wales
- **Practice area:** Civil Procedure
- **Last reviewed:** 2026-08-04
- **Interactive page:** https://kttclegal.info/library/notes/CivilProcedure/summary-judgment-cpr24
- **Keywords:** summary judgment, CPR 24, real prospect of success, Swain v Hillman, Easyair, strike out, civil procedure, interim application

## What is this about?

Summary judgment allows the court to dispose of a claim or issue without a full trial where the respondent has no real prospect of success and there is no other compelling reason for a trial. It is a workhorse case-management tool for weak claims and defences, distinct from strike-out under CPR 3.4.

## What is the core rule?

Under CPR 24.3, the court may give summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if (a) that party has no real prospect of succeeding on the claim/defence or issue, and (b) there is no other compelling reason why the case or issue should be disposed of at trial. Evidence is by witness statement; the court does not conduct a mini-trial but must not be drawn into complex disputed fact that needs oral evidence (Swain v Hillman; Easyair guidance as commonly applied).

## What are the elements or test?

1. Is the application for claim, defence, or a discrete issue?
2. No real prospect of success — more than merely arguable; realistic rather than fanciful
3. Any compelling reason for trial (e.g. need for oral evidence, public interest, complex facts)?
4. Procedural compliance: timing, evidence, notice (CPR 24 and PD 24)
5. Relationship with strike-out (CPR 3.4) and reverse summary judgment strategy

## Which authorities matter?

- **Civil Procedure Rules, Part 24 and Practice Direction 24** — Primary procedural code for summary judgment applications and test.
- **Swain v Hillman [2001] 1 All ER 91** — Court of Appeal: 'real prospect' means realistic not fanciful; avoid mini-trials.
- **Easyair Ltd v Opal Telecom Ltd [2009] EWHC 339 (Ch)** — Frequently cited first-instance synthesis of summary judgment principles (applied widely in later cases).

## How does this apply in practice?

Some proceedings have restrictions or special approaches (e.g. certain possession or fraud-heavy cases where oral evidence is essential). Interim payments and security for costs are separate tools. Always check current CPR numbering/text after rule consolidations.

## What are common pitfalls?

- Treating summary judgment as identical to strike-out
- Inviting the court to resolve hotly disputed primary facts on paper
- Under-evidencing a 'no real prospect' assertion
- Missing PD 24 timing and notice requirements

## When would a practitioner use this?

Early disposal of weak claims/defences, narrowing issues, and costs pressure in commercial litigation.

## Quick reference

CPR 24: no real prospect of success + no compelling reason for trial. Realistic not fanciful (Swain). No mini-trial. Evidence by statement. Distinct from CPR 3.4 strike-out.

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*Reference material from [KTTC Legal](https://kttclegal.info/), not legal advice. Work product supports instructing solicitors and barristers under their supervision. England & Wales.*